Exhibits to complaint, defendants - Insurance Coverage Blog

3.
The Joint Venture Agreement contains a mandatory binding arbitration provision that
states: "Disputes - Any dispute arising under or relating to the terms of this agreement shall be
resolved by mandatory binding arbitration, conducted in accordance with the guidelines of the
American Arbitration Association. The site of the arbitration shall be Oxford, MS." (Ex. 1,
p.3). (emphasis in original). Defendants have given notice to plaintiff and fied the necessary
paperwork and fees with the American Arbitration Association ("AAA") to initiate arbitration
pursuant to the parties i arbitration agreement. (Demand for Arbitration, Exhibit "4" hereto).
Defendants have made a supplemental fiing with the AAA to include in the arbitration plaintiff's
challenge to the validity of the arbitration agreement and all other claims set forth in plaintiff's
First Amended Complaint. (Supplemental Demand for Arbitration, Exhibit "5" hereto).
4.
Plaintiff has acknowledged that the pending disputes between plaintiff and defendants are
subject to arbitration, but nonetheless fied this lawsuit. Plaintiff seeks to avoid arbitration of its
claim by challenging the validity of the parties' arbitration agreement. Plaintiff alleges that it
demanded arbitration concerning the distribution of attorneys i fees derived from a settlement with
State Farm Insurance Company, but that defendants allegedly refused to arbitrate the fee dispute
and thereby waived the arbitration clause, voided the arbitration clause, and canceled defendants'
right to invoke arbitration. (First Amended Complaint, ~80). Plaintiff does not contend that it ever
demanded arbitration on any issue in its First Amended Complaint other than the allocation of the
State Farm fees.
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